A city man who lost his leg in a 1997 motorcycle crash is planning to sue the city of Utica based on allegations that police busted his prosthetic leg during a vehicle stop early this year.

In the notice, Thomas J. Danowski alleges that Utica police threw him to the ground – causing the prosthetic leg to break – handcuffed him and conducted a vehicle search in January that found nothing illegal. The police then released Danowski without any charges against him or the driver of the vehicle, the document states.

Danowski’s attorney, Mark Wolber, said police stopped the vehicle after they were seen leaving a location of suspected drug activity. But since no drugs were found with Danowski, Wolber said police should first be more certain that something illegal had occurred before subjecting a civilian to such a “physically painful and humiliating experience.”

“I just don’t feel police should be conducting an investigation that involves physically man-handling people unless they have evidence that they definitely committed a crime,” Wolber said. “I don’t think they should be pulling cars over unless they’re sure there’s some basis for the stop and they have more evidence than just a hunch.”

Danowski’s prosthetic leg cost between $600 to $700 to repair, Wolber said, and the notice of claim accuses the officers of false imprisonment, assault and battery. The city’s attorneys will now have the opportunity to question Danowski and look into the allegations, while Danowski considers whether he wants to lodge a formal civil lawsuit, Wolber said.

Utica police Chief Mark Williams, however, said there’s more to the story than Danowski’s version of events of the Jan. 22 stop on Madison Avenue and James Street.

While no drugs were ultimately recovered, Williams said other issues arose during the stop that should be considered when evaluating why the officers reacted the way they did.

“There was an officer safety concern, and he wasn’t compliant,” Williams said of Danowski.

“We’ve already lost one officer, Thomas Lindsey, in the line of duty, so these traffic stops are not routine and they’re inherently dangerous,” Williams explained. “That’s why it’s imperative for the occupants of a vehicle to follow police orders during any stop, for their safety as well as the officer’s safety.

Still, Williams said the department would look into how the matter was handled.